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Criminal Justice Bill


Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

228

 

   

““Sent for trial” means, in relation to England and Wales, sent

by a magistrates’ court to the Crown Court for trial pursuant

to section 51 or 51A of the Crime and Disorder Act 1998.”

Customs and Excise Management Act 1979 (c.2)

46         

In section 147 of the Customs and Excise Management Act 1979

5

(proceedings for offences), subsection (2) is omitted.

Magistrates’ Courts Act 1980 (c. 43)

47    (1)  

The Magistrates’ Courts Act 1980 is amended as follows.

      (2)  

In section 2 (jurisdiction to deal with charges)—

(a)   

in subsection (3), for “as examining justices over” there is substituted

10

“under sections 51 and 51A of the Crime and Disorder Act 1998 (“the

sending provisions”) in respect of”,

(b)   

in subsection (4), for “as examining justices” there is substituted

“under the sending provisions”, and

(c)   

in subsection (5), for “as examining justices” there is substituted

15

“under the sending provisions”.

      (3)  

Sections 4 to 8 (which relate to committal proceedings) shall cease to have

effect and the cross-heading preceding section 4 is omitted.

      (4)  

In section 29 (power of magistrates’ court to remit a person under 17 for trial

to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the

20

words from “proceeds” to the end there is substituted “sends him to the

Crown Court for trial under section 51 or 51A of the Crime and Disorder Act

1998; and”.

      (5)  

The following sections shall cease to have effect—

(a)   

section 97A (summons or warrant as to committal proceedings),

25

(b)   

section 103 (evidence of persons under 14 in committal proceedings

for assault, sexual offences etc), and

(c)   

section 106 (false written statements tendered in evidence).

      (6)  

In section 128 (remand in custody or on bail)—

(a)   

in subsection (1)(b), the words “inquiring into or” are omitted,

30

(b)   

in subsection (1A)(a)—

(i)   

“5,” is omitted, and

(ii)   

for “or 18(4)” there is substituted “, 18(4) or 24C”,

(c)   

in subsection (3A)—

(i)   

“5,” is omitted, and

35

(ii)   

for “or 18(4)” there is substituted “, 18(4) or 24C”,

(d)   

in subsection (3C)(a)—

(i)   

“5,” is omitted, and

(ii)   

for “or 18(4)” there is substituted “, 18(4) or 24C”, and

(e)   

in subsection (3E)(a)—

40

(i)   

“5,” is omitted, and

(ii)   

for “or 18(4)” there is substituted “, 18(4) or 24C”.

      (7)  

In section 129 (further remand), in subsection (4)—

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

229

 

(a)   

for “commits a person” there is substituted “sends a person to the

Crown Court”, and

(b)   

for “committed” there is substituted “sent”.

      (8)  

In section 130 (transfer of remand hearings), in subsection (1)—

(a)   

“5,” is omitted, and

5

(b)   

for “or 18(4)” there is substituted “, 18(4) or 24C”.

      (9)  

In section 145 (rules: supplementary provisions), in subsection (1),

paragraph (f) is omitted.

     (10)  

In section 150 (interpretation of other terms), in subsection (1), the definition

of “committal proceedings” is omitted.

10

     (11)  

In section 155 (short title, extent and commencement), in subsection (2)(a),

the words “8 (except subsection (9))” are omitted.

     (12)  

In Schedule 3 (corporations)—

(a)   

in paragraph 2, sub-paragraph (a) is omitted, and

(b)   

in paragraph 6, for “inquiry into, and trial of,” there is substituted

15

“trial of”.

     (13)  

In Schedule 5 (transfer of remand hearings)—

(a)   

paragraph 2 is omitted, and

(b)   

in paragraph 5, for “5, 10 or 18(4)” there is substituted “10, 17C, 18(4)

or 24C”.

20

Criminal Attempts Act 1981 (c.47)

48         

In section 2 of the Criminal Attempts Act 1981 (application of procedures

and other provisions to offences under section 1), in subsection (2)(g), the

words “or committed for trial” are omitted.

Contempt of Court Act 1981 (c.49)

25

49         

In section 4 of the Contempt of Court Act 1981 (contemporary reports of

proceedings), in subsection (3), for paragraph (b) there is substituted—

“(b)   

in the case of a report of allocation or sending proceedings of

which publication is permitted by virtue only of subsection

(6) of section 52A of the Crime and Disorder Act 1998 (“the

30

1998 Act”), if published as soon as practicable after

publication is so permitted;

(c)   

in the case of a report of an application of which publication

is permitted by virtue only of sub-paragraph (5) or (7) of

paragraph 3 of Schedule 3 to the 1998 Act, if published as

35

soon as practicable after publication is so permitted.”

Supreme Court Act 1981 (c. 54)

50    (1)  

The Supreme Court Act 1981 is amended as follows.

      (2)  

In section 76 (committal for trial: alteration of place of trial)—

(a)   

in subsection (1), for the words from “varying” (where it first

40

appears) to “to Crown Court)” there is substituted “substituting

some other place for the place specified in a notice under section

51D(1) of the Crime and Disorder Act 1998 (a “section 51D notice”)”,

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

230

 

(b)   

in subsection (3), for the words “fixed by the magistrates’ court, as

specified in a notice under a relevant transfer provision” there is

substituted “specified in a section 51D notice”,

(c)   

subsection (5) is omitted, and

(d)   

in the heading, for “Committal” there is substituted “Sending”.

5

      (3)  

In section 77 (committal for trial: date of trial)—

(a)   

in subsection (1), for “committal for trial or the giving of a notice of

transfer under a relevant transfer provision” there is substituted

“being sent for trial”,

(b)   

in subsection (2), for “committed by a magistrates’ court or in respect

10

of whom a notice of transfer under a relevant transfer provision has

been given” there is substituted “sent for trial”,

(c)   

in subsection (3), for “of committal for trial or of a notice of transfer”

there is substituted “when the defendant is sent for trial”,

(d)   

subsection (4) is omitted, and

15

(e)   

in the heading, for “Committal” there is substituted “Sending”.

      (4)  

In section 80 (process to compel appearance), in subsection (2), for

“committed” there is substituted “sent”.

      (5)  

In section 81—

(a)   

in subsection (1)—

20

(i)   

in paragraph (a)—

(a)   

the words “who has been committed in custody for

appearance before the Crown Court or in relation to

whose case a notice of transfer has been given under

a relevant transfer provision or” are omitted, and

25

(b)   

after “51” there is inserted “or 51A”,

(ii)   

in paragraph (g), sub-paragraph (i) is omitted, and

(b)   

subsection (7) is omitted.

Mental Health Act 1983 (c.20)

51    (1)  

The Mental Health Act 1983 is amended as follows.

30

      (2)  

In section 52 (further provisions as to persons remanded by magistrates’

courts)—

(a)   

in subsection (2), for “committed” there is substituted “sent”,

(b)   

in subsection (5), for “committed” there is substituted “sent”, and

(c)   

in subsection (6), for “committed” there is substituted “sent”.

35

Police and Criminal Evidence Act 1984 (c. 60)

52    (1)  

The Police and Criminal Evidence Act 1984 is amended as follows.

      (2)  

In section 62 (intimate samples), in subsection (10)—

(a)   

sub-paragraph (i) of paragraph (a) is omitted, and

(b)   

in paragraph (aa), for sub-paragraphs (i) and (ii) there is substituted

40

“paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998

(applications for dismissal); and”.

      (3)  

In section 71 (microfilm copies), the paragraph beginning “Where the

proceedings” is omitted.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

231

 

      (4)  

In section 76 (confessions), subsection (9) is omitted.

      (5)  

In section 78 (exclusion of unfair evidence), subsection (3) is omitted.

Prosecution of Offences Act 1985 (c. 23)

53    (1)  

The Prosecution of Offences Act 1985 is amended as follows.

      (2)  

In section 7A (powers of non-legal staff), for subsection (6) there is

5

substituted—

“(6)   

This section applies to an offence if it is triable only on indictment or

is an offence for which the accused has been sent for trial.”

      (3)  

In section 16 (defence costs)—

(a)   

in subsection (1), paragraph (b) is omitted,

10

(b)   

in subsection (2)—

(i)   

in paragraph (a), for “committed” there is substituted “sent”,

and

(ii)   

paragraph (aa) is omitted, and

(c)   

subsection (12) is omitted.

15

      (4)  

In section 21 (interpretation), in subsection (6)(b), for “committed” there is

substituted “sent”.

      (5)  

In section 22 (power of Secretary of State to set time limits in relation to

preliminary stages of criminal proceedings), in subsection (11)—

(a)   

in paragraph (a) of the definition of “appropriate court”, for

20

“committed for trial, sent for trial under section 51 of the Crime and

Disorder Act 1998” there is substituted “sent for trial”, and

(b)   

for the definition of “custody of the Crown Court” there is

substituted—

   

““custody of the Crown Court” includes custody to which a

25

person is committed in pursuance of—

(a)   

section 43A of the Magistrates’ Courts Act 1980

(magistrates’ court dealing with a person brought

before it following his arrest in pursuance of a

warrant issued by the Crown Court); or

30

(b)   

section 52 of the Crime and Disorder Act 1998

(provisions supplementing section 51);”.

      (6)  

In section 23 (discontinuance of proceedings in magistrates’ court), in

subsection (2), for paragraphs (a) to (c) there is substituted—

“(a)   

any stage of the proceedings after the court has begun to hear

35

evidence for the prosecution at a summary trial of the

offence; or

(b)   

any stage of the proceedings after the accused has been sent

for trial for the offence.”

      (7)  

In section 23A (discontinuance of proceedings after accused has been sent

40

for trial)—

(a)   

in paragraph (b) of subsection (1), the words from “under” to “1998”

are omitted, and

(b)   

in subsection (2), for “51(7)” there is substituted “51D(1)”.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

232

 

Criminal Justice Act 1987 (c. 38)

54    (1)  

The Criminal Justice Act 1987 is amended as follows.

      (2)  

Sections 4 to 6 (which relate to the transfer of cases to the Crown Court) shall

cease to have effect.

      (3)  

In section 11 (restrictions on reporting)—

5

(a)   

in subsection (2), paragraph (a) is omitted,

(b)   

subsection (3) is omitted,

(c)   

in subsection (7), “(3),” is omitted,

(d)   

in subsection (8), “(3),” is omitted,

(e)   

subsections (9) and (10) are omitted, and

10

(f)   

in subsection (11), paragraphs (a) and (d) are omitted.

Coroners Act 1988 (c.13)

55    (1)  

The Coroners Act 1988 is amended as follows.

      (2)  

In section 16 (adjournment of inquest in event of criminal proceedings)—

(a)   

in subsection (1)(b), for “charged before examining justices with”

15

there is substituted “sent for trial for”, and

(b)   

for subsection (8) there is substituted—

“(8)   

In this section, the “relevant criminal proceedings” means the

proceedings—

(a)   

before a magistrates’ court to determine whether the

20

person charged is to be sent to the Crown Court for

trial; or

(b)   

before any court to which that person is sent for trial.”

      (3)  

In section 17 (provisions supplementary to section 16)—

(a)   

in subsection (2), for “committed” there is substituted “sent”, and

25

(b)   

in subsection (3)(b), for “committed” there is substituted “sent”.

Criminal Justice Act 1988 (c. 33)

56    (1)  

The Criminal Justice Act 1988 is amended as follows.

      (2)  

In section 23 (first-hand hearsay), subsection (5) is omitted.

      (3)  

In section 24 (business etc documents), subsection (5) is omitted.

30

      (4)  

In section 26 (statements in certain documents), the paragraph beginning

“This section shall not apply” is omitted.

      (5)  

In section 27 (proof of statements contained in documents), the paragraph

beginning “This section shall not apply” is omitted.

      (6)  

In section 30 (expert reports), subsection (4A) is omitted.

35

      (7)  

In section 40 (power to join in indictment count for common assault etc), in

subsection (1)—

(a)   

the words “were disclosed to a magistrates’ court inquiring into the

offence as examining justices or” are omitted, and

(b)   

after “51” there is inserted “or 51A”.

40

      (8)  

Section 41 (power of Crown Court to deal with summary offence where

person committed for either way offence) shall cease to have effect.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

233

 

Road Traffic Offenders Act 1988 (c.53)

57    (1)  

The Road Traffic Offenders Act 1988 is amended as follows.

      (2)  

In section 11 (evidence by certificate as to driver, user or owner), subsection

(3A) is omitted.

      (3)  

In section 13 (admissibility of records as evidence), subsection (7) is omitted.

5

      (4)  

In section 16 (documentary evidence as to specimens), subsection (6A) is

omitted.

      (5)  

In section 20 (speeding offences etc), subsection (8A) is omitted.

Criminal Justice Act 1991 (c. 53)

58    (1)  

The Criminal Justice Act 1991 is amended as follows.

10

      (2)  

Section 53 (notices of transfer in certain cases involving children) shall cease

to have effect.

      (3)  

Schedule 6 (notices of transfer: procedures in lieu of committal) shall cease

to have effect.

Criminal Justice and Public Order Act 1994 (c. 33)

15

59    (1)  

The Criminal Justice and Public Order Act 1994 is amended as follows.

      (2)  

In section 34 (effect of accused’s failure to mention facts when questioned or

charged), in subsection (2)—

(a)   

paragraph (a) is omitted, and

(b)   

in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted

20

“paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998”.

      (3)  

In section 36 (effect of accused’s failure or refusal to account for objects,

substances or marks), in subsection (2)—

(a)   

paragraph (a) is omitted, and

(b)   

in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted

25

“paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998”.

      (4)  

In section 37 (effect of accused’s failure or refusal to account for presence at

a particular place), in subsection (2)—

(a)   

paragraph (a) is omitted, and

(b)   

in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted

30

“paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998”.

Criminal Procedure and Investigations Act 1996 (c. 25)

60    (1)  

The Criminal Procedure and Investigations Act 1996 is amended as follows.

      (2)  

In section 1 (application of this Part), in subsection (2)—

(a)   

paragraphs (a) to (c) are omitted, and

35

(b)   

in paragraph (cc), the words from “under” to the end are omitted.

      (3)  

In section 5 (compulsory disclosure by accused)—

(a)   

in subsection (1), for “(2) to” there is substituted “(3A) and”,

(b)   

subsections (2) and (3) are omitted, and

(c)   

in subsection (3A), in paragraph (b), for “subsection (7) of section 51”

40

there is substituted “subsection (1) of section 51D”.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

234

 

      (4)  

In section 13 (time limits: transitional), in subsection (1), paragraphs (a) to (c)

of the modified section 3(8) are omitted.

      (5)  

In section 21 (common law rules as to disclosure), in subsection (3), for

paragraphs (b) and (c) there is substituted—

“(b)   

the accused is sent for trial (where this Part applies by virtue

5

of section 1(2)(cc)),”.

      (6)  

In section 28 (introduction to Part 3), in subsection (1)—

(a)   

for paragraph (a) there is substituted—

“(a)   

on or after the appointed day the accused is sent for

trial for the offence concerned,”, and

10

(b)   

paragraph (b) is omitted.

      (7)  

In section 39 (meaning of pre-trial hearing), in subsection (1), for paragraph

(a) there is substituted—

“(a)   

after the accused has been sent for trial for the offence, and”.

      (8)  

Section 68 (use of written statements and depositions at trial) and  Schedule

15

2 (statements and depositions) shall cease to have effect.

Crime and Disorder Act 1998 (c. 37)

61         

The Crime and Disorder Act 1998 is amended as follows.

62         

In section 52 (provisions supplementing section 51)—

(a)   

in subsection (1), after “51” there is inserted “or 51A”,

20

(b)   

in subsection (3), after “51” there is inserted “or 51A”,

(c)   

in subsection (5), after “51” there is inserted “or 51A”,

(d)   

in subsection (6), after “51” there is inserted “or 51A”, and

(e)   

in the heading, after “51” there is inserted “and 51A”.

63         

In section 121 (short title, commencement and extent), in subsection (8),

25

before “paragraphs 7(1)” there is inserted “paragraph 3 of Schedule 3 to this

Act, section 52(6) above so far as relating to that paragraph,”.

64         

In paragraph 3 of Schedule 3 (reporting restrictions)—

(a)   

in each of paragraphs (a) and (b) of sub-paragraph (1), for “Great

Britain” there is substituted “the United Kingdom”,

30

(b)   

in sub-paragraph (8), after paragraph (b) there is inserted—

“(bb)   

where the application made by the accused under

paragraph 2(1) above relates to a charge for an

offence in respect of which notice has been given to

the court under section 51B of this Act, any relevant

35

business information;”,

(c)   

after sub-paragraph (9) there is inserted—

“(9A)      

The following is relevant business information for the

purposes of sub-paragraph (8) above—

(a)   

any address used by the accused for carrying on a

40

business on his own account;

(b)   

the name of any business which he was carrying on

on his own account at any relevant time;

 

 

 
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